(15, 16) “As for those of your women who commit sexual immorality, call four witnesses from among you against them. If they testify, confine the women to their homes until death takes them or Allah appoints another way for them. And punish the two among you who commit it. If they repent and reform, then leave them alone. Indeed, Allah is Ever Accepting of Repentance, Most Merciful.”
That is, those women “who commit sexual immorality”—meaning unlawful sexual intercourse. It is described as immoral because of its enormity and repugnance.
“Call four witnesses from among you against them,” meaning four upright, believing men from among you. “If they testify, confine the women to their homes,” meaning prevent them from going out in circumstances that give rise to suspicion. Confinement is also itself one of the punishments. “Until death takes them,” meaning that this is the endpoint of their confinement, “or Allah appoints another way for them,” meaning a course other than confinement in their homes. This verse was not abrogated; rather, its ruling applied until that stated endpoint. This was therefore the ruling at the beginning of Islam, until Allah appointed another way for them: stoning for those who had consummated a valid marriage and flogging for those who had not.
Likewise, “the two among you who commit it”—that is, this sexual immorality—whether men or women, “punish them both” verbally, by rebuking and shaming them, and physically, with a beating that deters them from this immorality. On this interpretation, men who commit the immoral act are punished, while women are both confined and punished.
Confinement lasts until death, whereas punishment lasts until repentance and reform. He therefore said, “If they repent,” meaning that they turn away from the sin they committed, regret it, and resolve never to return to it, “and reform” their conduct in a manner demonstrating the sincerity of their repentance, “then leave them alone,” meaning cease punishing them. “Indeed, Allah is Ever Accepting of Repentance, Most Merciful,” meaning that He repeatedly accepts the repentance of sinners who frequently err, and His mercy and benevolence are immense. Part of His benevolence is that He guides them to repentance, accepts it from them, and pardons them for what they have done.
These two verses establish that unlawful sexual intercourse can be proven only by the testimony of four believing men. It is even more evident that they must be upright, for Allah Most High imposed stringent requirements concerning this immoral act in order to conceal His servants’ faults. Thus, the testimony of women is not accepted in this matter, whether given alone or together with men, nor is the testimony of fewer than four witnesses accepted.
The testimony must also be explicit, as indicated by the authentic hadiths and suggested by this verse. After saying, “Call four witnesses from among you against them,” He did not deem that alone sufficient, but added, “If they testify.” That is, explicit testimony is required concerning an act witnessed firsthand, without indirect allusion or euphemism.
These verses also establish that Allah has prescribed verbal and physical punishment, as well as confinement, as discretionary discipline for this category of sin, thereby achieving deterrence.